United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 9, 2004
Charles R. Fulbruge III
Clerk
No. 04-30289
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALDORE R. LANDRY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 03-CR-97-ALL-M3
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Before JONES, BARKSDALE and PRADO, Circuit Judges.
PER CURIAM:*
Aldore R. Landry was convicted following a guilty plea of
possession with intent to distribute cocaine in violation of 21
U.S.C. § 841(a)(1) and of possession of a firearm by a convicted
felon in violation of 18 U.S.C. 922(g)(1) and sentenced to 71-
month concurrent terms of imprisonment. As the Government
argues, Landry executed a knowing and voluntary waiver of his
right to appeal his sentence, with limited exceptions, and thus
is barred from challenging his sentence on appeal. See United
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 04-30289
-2-
States v. Robinson, 187 F.3d 516, 517 (5th Cir. 1999).
Accordingly, we do not address Landry’s waived sentencing
guidelines argument. See United States v. Portillo, 18 F.3d 290,
292-93 (5th Cir. 1994).
Landry appeals the district court’s denial for lack of
jurisdiction of his motion to reconsider sentence. The district
court may modify the imposed term of imprisonment under limited
circumstances. 18 U.S.C. § 3582(c). Landry argues that his
motion to reconsider sentence was not filed under the authority
of FED. R. CRIM. P. 35 but, rather, was a “common law” motion to
reconsider over which the district court had jurisdiction. The
district court did not err in denying Landry’s motion to
reconsider sentence. See United States v. Early, 27 F.3d 140,
141-42 (5th Cir. 1994).
Accordingly, the district court’s order denying Landry’s
motion to reconsider sentence is AFFIRMED.